Liverpool City Council v Minister for Local Government and Ors (No 2) [2024] NSWLEC 111

Land and Environment Court New South Wales

Medium Neutral Citation: Liverpool City Council v Minister for Local Government and Ors (No 2) [2024] NSWLEC 111 Hearing dates: 08 August 2024 Date of orders: 08 August 2024 Decision date: 14 August 2024 Jurisdiction: Class 4 Before: Robson J Decision: See orders (reconfirmed) at [40] Catchwords: CIVIL PROCEDURE — Subpoena to attend and give evidence — Application to set aside — Legitimate forensic purpose — Apparent relevance — A subpoena will be an abuse of process if it is not issued for a legitimate forensic purpose — Subpoena set aside Legislation Cited: Evidence Act 1995 (NSW), s 37 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Re Don [2006] NSWSC 1125 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Liverpool City Council (Respondent on the motion) Minister for Local Government, Ron Hoenig (Second Applicant on the motion) Brett Whitworth, in his capacity as delegate of the Departmental Chief Executive, Office of Local Government (First Applicant on the motion) Kiersten Fishburn, in her capacity as Departmental Chief Executive, Office of Local Government (Third Applicant on the motion) Ross Glover, in his capacity as Commissioner of a Public Inquiry into Liverpool City Council (Fourth Applicant on the motion) State of New South Wales (Fifth Applicant on the motion) Representation: Counsel: T F Robertson SC with H Grace (Respondent on the motion) N L Sharp SC with M Harker (First, Second, Third and Fifth Applicants on the motion) Submitting appearance (Fourth Applicant on the motion)